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UNITED
STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
ORDER AND JUDGMENT(*)
Before KELLY, HENRY, and
HARTZ, Circuit Judges.
This matter is before the court on the government's motion to enforce the
appeal waiver contained in defendant's plea agreement. The motion is filed
pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc). In
response, defendant concedes that the government's motion is well taken and that
the appeal should be dismissed.
Accordingly, the government's motion is GRANTED, and the appeal is
DISMISSED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
PER CURIAM
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*. This panel has determined unanimously that
oral argument would not
materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2);
10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral
argument. This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and
10th Cir. R. 32.1.
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